Every year, as the festive season draws to a close, media outlets and popular culture bring up the concept of “Divorce Day”—the first working Monday of January, supposedly the peak day for divorce filings. But is there any truth to this claim, or is it just a myth perpetuated by sensational headlines?
The origins of “Divorce Day”
The idea of “Divorce Day” seems to have originated from anecdotal reports and media speculation rather than solid data. The theory suggests that couples, after spending an intense holiday period together, decide to part ways once the new year begins. This notion has been popularised by numerous articles and reports in the media, creating an accepted belief that divorce lawyers see a significant spike in enquiries on what they dub ‘Divorce Day’.
Examining the evidence
However, research and data tell a different story. While some family lawyers do report an increase in enquiries in January, this trend is not exclusive to the first Monday of the month. In fact, data shows that other months, such as March, June, and September, also experience high numbers of divorce filings. For instance, between January and March 2024 there were 27,908 divorce applications made and from July and September 2024 there were 27,003 divorce applications made. In general, there is often a lag between an initial appointment with a lawyer and filing for divorce. The reality is that there is no empirical data to suggest that January is the busiest month for divorce enquiries.
Misinterpretation of statistics
The myth of “Divorce Day” likely stems from a misinterpretation of Court statistics. The post-holiday period can be a time when couples reassess their relationships, but the decision to divorce is rarely made impulsively. Most individuals contemplating divorce have been considering it for a long time, often months or even years. The increase in January enquiries can be attributed to the new year being a time for fresh starts, rather than a sudden decision made after the holidays.
Legal and practical considerations
It’s also important to consider the practical aspects of filing for divorce. The legal process involves careful planning and consultation with a family lawyer, which means that any perceived spike in January is more about timing and less about a specific day. Lawyers and experts in the field emphasise that each case is unique, and the decision to divorce is deeply personal and complex.
The Birketts view
Finally, while the idea of “Divorce Day” makes for an attention-grabbing headline, it doesn’t hold up under scrutiny. Divorce is a significant life decision influenced by a myriad of factors and attributing it to a single day oversimplifies the enormity of decisions made by separating couples.
If you are considering divorce, it’s crucial to seek professional advice and support tailored to your specific circumstances, regardless of the time of year. Birketts’ Family Team are available to assist at any stage, should you require advice in anticipation of a separation.
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The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at January 2025.